Hi there,
My name is Bill and my GF is wants to divorce her husband.. They have been separated for 12 years.. We both live in Wyoming and her husband lives in Florida. I looked up some of the steps she needs to take in order for her to get her divorce however I am a little confused. All she wants is to be divorced from him so that she can marry me. She knows for a fact that he will not sign the dicorce papers. 1st question is: How do we serve him the papers meaning what is the best way? 2nd Question: Is there any way he can contest the divorce and what would her options be if he did? Thank you for any help.

Bill

She needs to file for divorce in the county where she currently resides, assuming that she's lived there for the past 6-12 months, depending on state laws. Does she have a current or last-known address for her estranged husband? He would have to be served with her divorce complaint. I'm not sure how that would work since they are in different states. My guess is that it would be sent to him certified mail, return receipt requested, and also by regular mail. Once service is confirmed (by his signature on the certified mail receipt), he would have a certain amount of time with which to file a response (35 days in my state, but this varies.) If he fails to respond, then she can receive a default judgment of divorce. If he does respond, then a hearing would be scheduled and the court would follow its customary proceedings which also vary from one jurisdiction to another. The court may order mediation or the case may go directly to trial. Are there issues such as marital assets or custody of minor children to be settled? Such things make the process more complex. I would think, after a 12-year separation, if he fails to respond to her complaint then the court would just grant a default judgment and that would be that.

There are also services that can be used for personal service of documents when it comes to being in another state. If your going to go the no contact route and try for a divorce by default then do everything in your power to contact him including posting in newspapers of his last known location.

She will need to file for divorce, after that, and she will need an attorney, who will arrange legal service though a process server in his location.

He can object by not showing up, by bringing up dozens of really silly issues if he wants, to delay things.